I recently took weekend Work Release due to the fact that the state attorney I had on my case seems as if he did not want to fight for me I only spoke with him twice and that was my two times court appearance they were offering me 90 days was simple driving with license suspended I was forced to take weekend Work Release which is something that I know I will not be able to complete is it possible that I can get probation being the fact that I obtained my license the next day is it possible for me to file a appeal
You were not forced to take anything. You chose to take a plea.
And you do not get to "give back a plea deal".
Pleas are only accepted after a Judge has fully colloquied the Defendant to be sure that A) the Defendant knows that he does not have to accept a plea (and can proceed to trial), B) understands the terms of the plea that he is trying to accept, C) has not been threatened or coerced into taking the plea (that the decision is free and voluntary), D) that the Defendant is not under the influence of drugs, alcohol or suffering from a mental condition which effects he ability to understand, appreciate and knowingly accept the plea and E) that the Defendant has spoken with his lawyer about the plea, has no questions and does not wish any further work to be done by his lawyer in this case before taking the plea. If that did not happen then a plea can be challenged, but if it did then it's going to be an uphill battle.
Although I am not an appeals / post-conviction lawyer I will share with you what I know about the process, and I will encourage you to seek appellate / post-conviction representation.
If there is legal cause to do so then you can file a motion to withdraw your plea under Rule 3.170. This motion must be filed within 30 days of your sentence. However, if you are beyond that 30 day time frame for filing under Rule 3.170, and, again, if there is legal cause to do so, then you can file a motion to vacate the judgment and sentence under Rule 3.850. Under Rule 3.850 you have 2 years from the day that the sentence became "final" in which to file your appeal, unless: 1) you hired a lawyer to file a 3.850 motion but the lawyer didn’t file it; 2) you had no access to Florida courts because you were in jail out-of-state jurisdiction and didn’t have a lawyer; 3) there is newly discovered exculpatory evidence and 4) the FL or US Supreme Court issues is a retroactive and substantive change in the law that applies to your case.
Florida Rule of Criminal Procedure 3.800 allows a defendant to file a motion to reduce or modify their sentence, but this motion has to be filed within 60 days from the date of sentencing. If a judge denies the motion you typically cannot appeal the decision.
That's all I've got. If you wish to increase your odds at getting a competent answer then you should re-post this question and list it in the "criminal appeals" or "appeals" practice area and not "criminal defense".
Wishing you luck and hoping that I have been helpful in answering your question.
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If you took a plea, you waived your right to file an appeal, especially of the sentence. The only exception is if you reserved your right to appeal as to a specific issue, such as the suppression of evidence due to an illegal stop. You are likely stuck with your sentence.
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